The Second Amendment Foundation (SAF) and its coalition partners have formally submitted their legal arguments to the U.S. Court of Appeals for the Seventh Circuit, intensifying their challenge against Illinois’ controversial ban on so-called “assault weapons” and high-capacity magazines. The brief, filed in the case of Harrel v. Raoul, argues that the state’s restrictions are a direct violation of the Second Amendment.
The legal battle targets the “Protect Illinois Communities Act,” a law that has faced staunch opposition from gun rights advocates since its enactment. SAF, along with the Illinois State Rifle Association, the Firearms Policy Coalition, C4 Gun Store, Marengo Guns, and individual plaintiff Dane Harrel, contends that the banned firearms and magazines are in widespread and lawful use across the nation, primarily for self-defense.
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This move to the Seventh Circuit comes after the District Court twice sided with the plaintiffs. Initially, the lower court granted a preliminary injunction against the enforcement of the ban, and later, on remand, ruled in favor of SAF on the merits of the case. With a comprehensive trial record now established, the plaintiffs are urging the appellate court to permanently strike down the Illinois statutes.
“SAF is litigating seven cases around the country against so-called assault weapons bans,” said SAF Executive Director Adam Kraut. “We’re challenging the Illinois ban, and others like it, as they fly in the face of the Second Amendment and the Supreme Court’s interpretations in both Heller and Bruen. The modern semiautomatic rifles banned in Illinois are among the most commonly owned firearms in the country, placing them well within the protection of the Second Amendment.”
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The core of the plaintiffs’ argument rests on the precedent set by the Supreme Court in District of Columbia v. Heller and further clarified in New York State Rifle & Pistol Association, Inc. v. Bruen. These landmark decisions established that the Second Amendment protects an individual’s right to possess firearms in “common use” for lawful purposes.
The plaintiffs assert that the modern semi-automatic rifles and standard capacity magazines outlawed by Illinois fall squarely into this protected category.
Alan M. Gottlieb, SAF founder and Executive Vice President, was resolute in his statement, “Illinois legislators may disagree with the Constitution and the Supreme Court, but they don’t get to thumb their nose at both and ban broad categories of popular arms. The Second Amendment demands the protection of all semiautomatic rifles like the AR-15 and those like them. Hard stop.”
The case, formally titled Harrel v. Raoul, names Illinois Attorney General Kwame Raoul as the defendant. The state has consistently defended the ban as a necessary public safety measure. The Seventh Circuit’s decision in this high-stakes legal showdown is expected to have significant implications for similar legal challenges to firearm restrictions across the United States.
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